Free Motion to Continue - District Court of Delaware - Delaware

Case 1:05-cv-00194-JJF

Document 69-3

Filed 11/14/2007

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE DOROTHY HOULIHAN, Plaintiff, C.A. No. 05-00194 JJF
V.

SUSSEX TECHNICAL SCHOOL DISTRICT, SUSSEX TECHNICAL SCHOOL DISTRICT BOARD OF EDUCATION, SANDRA WALLSCULOTTA, individually, and in her official
capacity.

) ) )

TRIAL BY JURY OF TWELVE DEMANDED E-FILE

Defendants.

PROPOSED JOINT AMENDED RULE 16 SCHEDULING ORDER The parties having satisfied their obligations under Fed . R. Civ. P. 26(f), IT IS ORDERED that:
1. Pre-Discovery Disclosures . The parties will exchange by January 5, 2007, the

information required by Fed. R. Civ. P. 26(a)( 1) and D . Del. LR 16.2.

2.

Joinder of other Parties . All motions to join other parties shall be filed on or

before March 12, 2007. 3. Settlement Conference . Pursuant to 28 U.S.C. § 636, this matter is referred to

Magistrate Judge Thynge for the purposes of exploring the possibility of a settlement. If the parties agree that they would benefit from a settlement conference, the parties shall contact Magistrate Judge Thynge to schedule a settlement conference so as to be completed no later than the Pretrial Conference or a date ordered by the Court.

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4.

Discovery.

(a)

Exchange and completion of interrogatories, identification of all fact

witnesses and document production shall be commenced so as to be completed by April 15, 2007.

(b)
(c)
party.

Maximum of fifty ( 30) interrogatories by each party to any other party.

Maximum of fifty (30) requests for admission by each party to any other

(d)

Maximum of fourteen (14) depositions by plaintiff and fourteen (14) by

defendant(s). Depositions shall not commence until the discovery required by Paragraph 4 (a, b and c) are completed.
(e) Reports from retained experts required by Fed. R. Civ. P. 26(a)(2) are due

from the plaintiffs by Monday July 30,2007, and from the defendants by 60 days from the date that all transcripts of plaintiff's deposition become available.'.

(f)

Any party desiring to depose an expert witness shall notice and complete

said deposition no later than thirty (30) days from receipt of said expert's report or 30 days from counsels' receipt of all plaintiffs deposition transcripts, whichever is later, unless otherwise agreed in writing by the parties.
5. Discovery Disputes. (a) A party seeking discovery which the opposing party refuses to provide

shall file a motion (no brief) pursuant to Rule 37 of the Federal Rules of Civil Procedure and

' Subject to the availability of a mutually convenient time for defendants' medical expert to conduct an Independent Medical Examination ("IME") of plaintiff. If necessary, the parties are directed to arrive at a mutually agreeable schedule as to the report of the defendant `s medical expert, taking into account the date of said IME.

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Local Rule 37.1. Said motion shall not exceed a total of four (4) pages.

An Answer to the

Rule 37 motion, not to exceed four (4) pages, shall be filed within five (5) days of service of the motion. No reply is permitted.

(b)

All papers shall set forth in a plain and concise manner the issue(s) in

dispute, the party' s position on the issue( s), and the reasons for the parry' s position.
(c) Upon receipt of the Answer, the movant shall notify Chambers by e-mail

atjjf civil@ded. uscourts.gov that the parties have completed briefing.

(d)

Upon receipt of the movant's e-mail, the Court will determine whether a

conference is necessary and advise the parties accordingly. (e) There is no limit on the number of Rule 37 motions a party may file,

unless otherwise ordered by the Court. 6. Amendment on the Pleadings . All motions to amend the pleadings shall be filed

on or before Tuesday May 1, 2007. 7. Case Dispositive Motions . Any case dispositive motions, pursuant to the Federal

Rules of Civil Procedure, shall be served and filed with an opening brief on or before March 1, 2008. Briefing shall be pursuant to D. Del. LR 7.1.2. No case dispositive motion may be filed more than ten (10) days from the above date without leave of the Court. 8. Applications by Motion.

(a)

Any applications to the Court shall be by written motion filed with the

Clerk of the Court in compliance with the Federal Rules of Civil Procedure and the Local Rules of Civil Practice for the United States District Court for the District of Delaware (Amended Effective January 1, 1995). Any non-dispositive motion shall contain the statement required by -3-

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D. Del. LR 7 . 1.1. Parties may file stipulated and unopposed Orders with the Clerk of the Court for the Court's review and signing . The Court will not consider applications and requests

submitted by letter or in a form other than a motion. (b) (c)
(d)

No facsimile transmissions will be accepted. No telephone calls shall be made to Chambers.
Any party with a true emergency matter requiring the assistance of the

Court shall e-mail Chambers at: jjf [email protected]. The e-mail shall provide a short statement describing the emergency. 9. Pretrial Conference and Trial . After reviewing the parties' Proposed

Scheduling Order, the Court will schedule a Pretrial Conference. The Court will determine whether the trial date should be scheduled when the Scheduling Order is entered or at the Pretrial Conference. If scheduling of the trial date is deferred until the Pretrial Conference, the parties and counsel shall anticipate and prepare for a trial to be held within sixty (60) to ninety (90) days of the Pretrial Conference. STUMPF, VICERS & SANDY, P.A. WHITE AND WILLIAMS LLP

/s/Brian F. Dolan

/s/ James S. Yoder

Brian F . Dolan, (DE #3190) 8 West Market Street Georgetown, DE 19947 (302) 856-3561
Attorney for Plaintiff

James S . Yoder, (DE #2643) 824 N. Market Street, Suite 902 Wilmington, DE 19899-0709 Tel: (302) 467-4524
Fax:: (302) 467-4554 Attorneys for Defendants

It is SO ORDERED this

day of

, 2007.

UNITED STATES DISTRICT JUDGE -4PHLDMS 13748232v.2